1. (a) Subject to subsection (c), the board shall eliminate:

   1. (1) the requirement that NPDES general permit terms and conditions be contained in a rule; and

   2. (2) the terms and conditions of each NPDES general permit that is:

      1. (A) contained in that article; and
      2. (B) in effect on the effective date of this section.
2. (b) The department may develop and issue NPDES general permits in accordance with 40 CFR 122.28.
3. (c) After eliminating the requirement and terms and conditions described in subsection (a), the terms and conditions of an NPDES general permit under that article as they existed before the amendment remain in effect and are binding on any person regulated under the NPDES general permit until the person submits a notice of intent to be covered by an NPDES general permit developed and issued under subsection (b).

4. (d) Any person regulated under an NPDES general permit on the effective date of the amendment required by subsection (a) must:

   1. (1) submit a notice of intent described in subsection (c) not later than ninety (90) days after the department makes the form of the notice of intent available to the person; or
   2. (2) apply for an NPDES individual permit to maintain permit coverage required under the Clean Water Act.
5. (e) This section does not affect the authority of the board to adopt rules that authorize NPDES general permits.

As added by P.L.81-2011, SEC.2. Amended by P.L.135-2026, SEC.154.